Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Bharti Sharma (Assistant Manager)     02 September 2015

Am i eligible for gratuity

Hi,

I have read some of the articles here regarding the Gratuity Payment and would like to get the guidance in my case where in the DOJ- 25th March 2010 and LWD- 28th February 2015.

I have sent a note to the HR team and they denied to pay the Gratuity.

Please suggest if I am eligible for Gratuity, if yes, also suggest my next step.

Below is the response i have got from them on my query:

==========================================================================

"Hi Bharti

For a colleague to be entitled for gratuity ; has to render continuous services for not less than 5 years and only

exception is with respect to termination of employment in the event of his death and/or disablement.

Further, facts of Mettur Beard shell Ltd. case are different and not applicable in your case.

Accordingly, the policy and stand point of company that Gratuity is payable only upon completion of 5 years of

continuous service is as per the provisions of gratuity act only.

You may further refer to the gratuity act (extract given below for reference) to understand the exceptions.

 

‐‐‐

Thanks and regards,

India HR Shared Services

Corporate HR Staff

Noida

From: Bharti Sharma [mailto:bhartisharma@live.in]

Sent: Friday, June 26, 2015 1:29 PM

To: India HR Shared Services Center Mailbox

Subject: RE: FW: Re: FW: clearance

Thanks. I have received the check.

However, as per Payment of Gratuity Act, 1972:

Section: 2A

Continuous service.

For the purposes of this Act, -

(2)

(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the

date with reference to which calculation is to be made, has actually worked under the employer for not less than

-

(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an

establishment which works for less than six days in a week; and

(ii) two hundred and forty days, in any other case;

(b) for the said period of six months, if the employee during the period of six calendar months preceding the

date with reference to which the calculation is to be made, has actually worked under the employer for not less

than -

(i) ninety-five days, in the case of an employee employed below the ground in a mine or in an establishment

which works for less than six days in a week; and

(ii) one hundred and twenty days, in any other case;

Please clarify and confirm.

Regards

Bharti"

========================================================================

Regards

Bharti



Learning

 31 Replies

Kumar Doab (FIN)     02 September 2015

Submit FormI under proper acknowledgment.

HR personnel is no one and no body to decide on any clause/provision of a statue.

Sec;2A was inserted in Payment of Gratuity Act and is applicable.

As per Sce;9 anyone that avoids to pay gratuity is liable to penalty and punishment with jail time.

 

1 Like

Bharti Sharma (Assistant Manager)     03 September 2015

As per your response, I am eligible for gratuity.

Also suggest how should i submit Form I, with the help of any lawyer?

Regards

Bharti

Vinod Semwal (Engineer)     03 September 2015

Hi,

I am also suffering and my case is almost same... pls guide me.

I have worked in my MNC company (works 5days/week) for 4 years and 214 days but they are denying to release my gratuity and saiying that you must have complete 4 years 241 days for gratuity eligibility.

Please help.

If FormI need to submit then, please suggest to whome to submit this form... to employer or where ???

 

Kumar Doab (FIN)     03 September 2015

@ Bahrti,

Submit FormI by Registered Post to appointing Authority/MD/Head-HR. Obtain acknowledgment from PO and also certified copy of the run sheet of postman.

2 Like

Kumar Doab (FIN)     03 September 2015

@ Vinod,

Your query is posted at another thread and addressed:

https://www.lawyersclubindia.com/experts/Gratuity-related-issue-557901.asp

 

 

advocatepassy@gmail.com 971794 (Advocate)     10 September 2015

Bharti Sharma and VINOD Sembal,

 

        Kumar Doab's advice is correct.  Both of you are are eligible for gratuity.

1 Like

Bharti Sharma (Assistant Manager)     11 September 2015

Thanks Vinod Passy sir.... I also want to confirm the completed years of service to put in the below formula in my case as I have completed 4yrs, 11months and 4days or 4yrs and 341 days. Gratuity= last drawn basic pay*15/26* completed years of service Also, please suggest if I can claim the interest on the gratuity amount for the period of March 2015 till date.

Kumar Doab (FIN)     11 September 2015

Period > 6 months =1Y.............. Period < 6 months =0Y.............. .............If payment of Gratuity is not made within 30days not LWD then interest @10%pa is applicable.
1 Like

Bharti Sharma (Assistant Manager)     11 September 2015

Thanks Sirsmiley.

I have coompleted the form I and will send the same by tomorrow through registered post.

I will keep the information posted here and will seek your advise as i move forward.

Thanks again...

Regards

Bharti

Kumar Doab (FIN)     12 September 2015

It is felt that you were in some IT/ITeS companies.

You may if required involve IT/ITeS female employee's/IT/ITeS employees/Trade Unions................Employers and HR are wary of getting branded as 'Violators of labor laws and Righrs of Employees'.

 

You can approach an able Labor Law Consultant/Service Matters lawyer/Law Firm and Controlling Authority of Gratuity.

Bharti Sharma (Assistant Manager)     12 September 2015

Sir.. I have already sent the duly filled form I to the organization through registered post today and have the receipt of the same. On Monday I will again go to post office to obtain the copy of the delivery sheet of the postman. As per my first email HR has already denied to pay the gratuity as she mentioned that I have not completed 5 years in the organization. Please suggest. Thanks again. Regards Bharti

Kumar Doab (FIN)     14 September 2015

You may draw her attention to Sec;2A and that as per Payment of Gartuity Act 1972 you are eligible.

You may also make a reference to Sec:9

 

There are many threads on similar query at following link and many judgments are quoted in the threads

 

 

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.Vfa6_31-jMo

e.g;

 

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp
 

Bharti Sharma (Assistant Manager)     14 September 2015

Thanks Sir.

I have already tried to draw the attention of the HR to the Section 2A(email communication attached above dated september 2nd, 2015), but she denied and so i have sent the duly filled Form-I.

Please suggest if any step required from my end, or should i wait to hear from them.

Regards

Bharti

Kumar Doab (FIN)     14 September 2015

HR personnel is probably not your employer. Escalate to good offices of appointing authority,MD,Chairman.


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